ERGI JUDGMENT OF 28 JULY 1998
1
In the case of Ergi v. Turkey1,
The European Court of Human Rights, sitting, in accordance with
Article 43 of the Convention for the Protection of Human Rights and
Fundamental Freedoms (“the Convention”) and the relevant provisions of
Rules of Court A2, as a Chamber composed of the following judges:
Mr R. BERNHARDT, President,
Mr F. GÖLCÜKLÜ,
Mr A.N. LOIZOU,
Mr M.A. LOPES ROCHA,
Mr L. WILDHABER,
Mr G. MIFSUD BONNICI,
Mr B. REPIK,
Mr E. LEVITS,
Mr V. TOUMANOV,
and also of Mr H. PETZOLD, Registrar, and Mr P.J. MAHONEY, Deputy
Registrar,
Having deliberated in private on 27 April and 27 June 1998,
Delivers the following judgment, which was adopted on the lastmentioned date:
PROCEDURE
1. The case was referred to the Court by the European Commission of
Human Rights (“the Commission”) on 9 July 1997, within the three-month
period laid down by Article 32 § 1 and Article 47 of the Convention. It
originated in an application (no. 23818/94) against the Republic of Turkey
lodged with the Commission under Article 25 by a Turkish national,
Mr Muharrem Ergi, on 25 March 1994. The application was brought on his
own behalf, on behalf of his deceased sister Havva Ergi as well as on behalf
of his niece.
The Commission’s request referred to Articles 44 and 48 and to the
declaration whereby Turkey recognised the compulsory jurisdiction of the
Court (Article 46). The object of the request was to obtain a decision as to
Notes by the Registrar
1. The case is numbered 66/1997/850/1057. The first number is the case’s position on the
list of cases referred to the Court in the relevant year (second number). The last two
numbers indicate the case’s position on the list of cases referred to the Court since its
creation and on the list of the corresponding originating applications to the Commission.
2. Rules of Court A apply to all cases referred to the Court before the entry into force of
Protocol No. 9 (1 October 1994) and thereafter only to cases concerning States not bound
by that Protocol. They correspond to the Rules that came into force on 1 January 1983, as
amended several times subsequently.